Sparrow's Real Estate Service, Inc. v. Appellate Department of the Superior Court

This writ of review tests the meaning and effect of rule 107 of the California Rules of Court as to when a decision of the appellate department of the superior court becomes final.

On October 25, 1963, in a case entitled, “Sparrow’s Real Estate Service, Inc. v. Paul Little,” and numbered therein 31157, the Municipal Court of the Bakersfield Judicial District rendered judgment for the plaintiff, who is petitioner herein, and against the defendant in that action, who is real party in interest herein, for $825, together with costs of suit and attorneys’ fees.

On November 8, 1963, the defendant, Paul Little, filed a notice of appeal to the Appellate Department of the Superior Court of Kern County, and, after a hearing, it affirmed the municipal court’s judgment on March 2, 1964. This judgment of the appellate department became final seven days thereafter according to the explicit provisions of rule 107 of the California Rules of Court, which reads as follows:

No petition for a rehearing was filed within seven days after the affirmance, but such a petition in form was in fact filed by Paul Little with the clerk on March 11, 1964, two days after the judgment had become final. On…